Regular City Council Meeting January 13, 2009

Transcription

1 City Council Work Session January 13, 2009 A Regular Work Session of the Chesapeake City Council was scheduled for January 13, 2009, at 5:15 p.m., in the City Hall Building, 306 Cedar Road but was not held because of a Closed Session discussion. /smu - 1 -

2 Regular City Council Meeting January 13, 2009 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on January 13, 2009 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Pastor Edward Weeden, New Fellowship Deliverance Church PLEDGE OF ALLEGIANCE: Boy Scout Lee Hutt, Troop 48, Great Bridge United Methodist Church ROLL CALL BY CLERK OF COUNCIL Present: Council Member Bryan L. Collins Council Member C. E. Cliff Hayes, Jr. Mayor Alan P. Krasnoff Council Member Dwight M. Parker Council Member S.Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Absent: Vice Mayor John M. de Triquet (excused) Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty J. Meyer, City Clerk Dolores Moore, Human Resources Director Mary Bullock, Police Chief Kelvin Wright, Fire Chief R. Steven Best, Sr., and other staff members. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the March 25, April 8, and April 15, 2008 Work Sessions and Regular City Council Meetings were presented for approval. Council Members Ritter and West stated they would abstain from voting on the minutes as they were not members of Council during that time. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the minutes, as presented. There was no discussion. On the motion for approval of the minutes of the March 25, April 8, and April 15, 2008 Work Sessions and Regular Council Meetings, as presented, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ward and Willis. Voting no: None. (Vice Mayor de Triquet excused) (Council Members Ritter and West abstained.) Mayor Krasnoff relinquished the gavel to Council Member Parker.

3 CERTIFICATE OF RECOGNITION CHESAPEAKE KNIGHTS JR. PEE WEE FOOTBALL TEAM Mayor Krasnoff invited Chesapeake Knights Jr. Pee Wee Football Team President Larry Gordon and Head Coach John Irving to the podium to receive the Certificate of Recognition. Coach Irving thanked City Council for recognizing the team members and their parents. On behalf of the Chesapeake Knights Jr. Pee Wee Football Team, President Gordon presented the winning football to Mayor Krasnoff, Council Members, and the City. CERTIFICATE OF RECOGNITION WESTERN BRANCH COBRAS SOCCER TEAM Mayor Krasnoff invited Head Coach Robert Demellweek and Mrs. Larry Longest, wife of Assistant Coach Larry Longest, to the podium to receive the Certificate of Recognition. Coach Demellweek and Mrs. Longest thanked City Council for recognizing the achievements of the team members. SPECIAL PRESENTATION INTRODUCTION OF TWO TEACHERS FROM CHESAPEAKE S SISTER CITY IN JOINVILLE, SANTA CATARINA, BRAZIL Mayor Krasnoff invited Education Exchange Program teachers Valdiclea Machado Da Silva and Claudia Dunzer Bousfield, along with their host, Ann Myers to the podium. Ms. Da Silva and Ms. Bousfield thanked City Council for the opportunity to come to the United States and visit the schools. Mayor Krasnoff thanked Mrs. Meyers for hosting the teachers. Council Member Willis offered comments of welcome to the teachers. Council Member Ritter acknowledged Sister Cities Board Member Mary Bullock in attendance. Council Member Ward, as a member of the Sister Cities Committee, also welcomed the two teachers. Council Member Parker returned the gavel to Mayor Krasnoff. CERTIFICATION OF THE CLOSED SESSION HELD AT 4:00 P.M. JANUARY 13, 2009 City Attorney Hallman read the following: The Chesapeake City Council hereby certifies that to the best of each member s knowledge, only public business matters lawfully exempted from open meeting requirements were discussed and only such public business matters as were identified in the motions convening the meeting were heard, discussed or considered by the City Council. Council Member Collins, on a motion seconded by Council Member Ward, moved approval of the certification of the Closed Session discussion. There was no discussion. On the motion for approval of the certification of the Closed Session discussion, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet excused) - 2 -

4 APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS COUNCIL S CONSIDERATION OF PUBLIC HEARING ITEMS City Clerk Moore stated that there were no speakers prior to the presentation of the Public Hearing Item. Non-Planning Public Hearing Item A. AN APPEAL BY WILSON V. CONNOR, PROPERTY OWNER, OF THE DECISION BY THE CHESAPEAKE HISTORIC AND ARCHITECTURAL REVIEW BOARD ON NOVEMBER 13, 2008 FOR DENIAL OF THE AFTER- THE-FACT APPLICATION FOR REPLACEMENT WINDOWS AT 1316 CHESAPEAKE AVENUE City Clerk Moore presented the item and identified the following speaker: Wilson Conner, 1316 Chesapeake Avenue, Apartment #3, representing self in support of NPPH-A. At the request of Council Members Ritter and Willis, City Manager Harrell called Architectural Review Board (ARB) member Jennifer N. Gilman to the podium. Ms. Gilman stated that the ARB s decision was based on the lack of proof of deterioration in the original windows which made it difficult to determine if replacing the windows was a necessity. Council Member Willis questioned Ms. Gilman on the issue and inquired if there would be any additional penalties for the property owner if the Architectural Review Board s decision was upheld. Ms. Gilman stated there would be no further penalties. Council Member Ritter, on a motion seconded by Council Member Willis, moved for denial of the appeal. Council Member Parker asked if the replacement windows enhanced the property value and if vinyl windows had been previously allowed in any homes in the South Norfolk Historical District. Ms. Gilman stated that vinyl windows had been allowed previously, when existing windows were beyond repair but did not add any value enhancement to the house from a historical perspective. Council Member Ward asked if Window World, the company that replaced the original windows, were responsible for getting a permit. Mayor Krasnoff inquired about the City s permit policy for a repair such as the replacement of windows. Council Member Willis made brief comments in support of the Architectural Review Boards decision, encouraging Council Members support, and noted the lack of any additional penalties to the applicant. Council Member West commented on his respect for the Architectural Review Board and noted that he felt this was an exception to the rule

5 There was additional discussion between Council Member Hayes and City Attorney Hallman concerning the responsibility of getting a permit and the City s current permit policy. City Planner Rhonda Smith came to the podium and advised that a permit from the City was not required for window replacement. Council Member Hayes stated that he could not support denial of the appeal if a building permit was not required. Council Member Ritter asked Ms. Smith to elaborate on methods used by the ARB to assure that every homeowner knew the requirements of the Historic District. Ms. Smith stated that notices were mailed to every property owner in January 2008 addressing the guidelines and new rules required by the ARB and noted that numerous meetings were held in the community to inform property owners in the Historic District of the ARB s guidelines and rules throughout the year. There was no further discussion. On the motion for denial of the appeal, voting yes: Council Members Ritter and Willis Voting no: Council Members Collins, Hayes, Krasnoff, Parker, Ward and West. (Vice Mayor de Triquet excused) CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Moore stated that there were no speakers on Agenda Items. CONSENT AGENDA City Clerk Moore read the Consent Agenda Items into the record. City Clerk Items (1) ACKNOWLEDGEMENT OF REZONING APPLICATIONS The following zoning reclassification request is not a public hearing item at this time. The item will be heard by the Planning Commission on January 14, 2009 and recommended to City Council for a future meeting. A. CPL(M) PROJECT: Culpepper Landing APPLICANT: Culpepper Landing, LC AGENCY: Kimley-Horn and Associates, Inc. Development Master Development Plan to delete senior housing component and to increase acreage of multi-family site for up to 135 multi-family units. ZONE: Planned Unit Development LOCATION: Southern terminus of Mill Creek Parkway TAX MAP SECTION/PARCELS: , BOROUGH: Deep Creek - 4 -

6 (2) RESIGNATIONS FROM BOARDS AND COMMISSIONS A. John H. Clarke Chesapeake Agricultural Advisory Commission (Deceased) B. Deborah Lewis Chesapeake Commission for the Prevention of Aids C. Martha Fraser Chesapeake Tourism Advisory Board D. Lucynthia Rawls Human Services Advisory Board E. Robert L. Williams Transportation Safety Commission City Manager Item (1) CONSIDERATION OF AN ORDINANCE AMENDING THE CITY S APPROPRIATION ORDINANCE FOR FISCAL YEAR JULY 1, 2008, THROUGH JUNE 30, 2009, SECTION 2.c, BY DECREASING THE MILEAGE EXPENSE ALLOWANCE OF CITY OFFICERS AND EMPLOYEES USE OF PERSONAL AUTOMOBILES IN THE DISCHARGE OF THEIR OFFICIAL DUTIES FROM FIFTY-EIGHT AND ONE-HALF CENTS ($0.585) PER MILE TO THE RATE OF FIFTY-FIVE CENTS ($0.55) PER MILE DEPARTMENT OF FINANCE Mayor Krasnoff asked Council Members if there were any items they wished to have removed for consideration under the Regular Agenda. Council Member Collins requested that City Manager Item #1 be removed for consideration under the Regular Agenda. Council Member Parker, on a motion seconded by Council Member Collins, moved approval of the Consent Agenda, as presented, with the exception of City Manager Item #1. There was no discussion. On the motion for approval of the Consent Agenda, as presented, with the exception of City Manager Item #1, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet was excused) REGULAR AGENDA City Manager Items (1) #09-O-001 CONSIDERATION OF AN ORDINANCE AMENDING THE CITY S APPROPRIATION ORDINANCE FOR FISCAL YEAR JULY 1, 2008, THROUGH JUNE 30, 2009, SECTION 2.c, BY DECREASING THE MILEAGE EXPENSE ALLOWANCE OF CITY OFFICERS AND EMPLOYEES USE OF PERSONAL AUTOMOBILES IN THE DISCHARGE OF THEIR OFFICIAL DUTIES FROM FIFTY-EIGHT AND ONE-HALF CENTS ($0.585) PER MILE TO THE RATE OF FIFTY-FIVE CENTS ($0.55) PER MILE DEPARTMENT OF FINANCE This item was removed from the Consent Agenda at the request of Council Member Collins for consideration under the Regular Agenda. City Manager Harrell presented the item

7 Council Member Collins asked how this Ordinance would affect the budget and inquired about the policy for use of personal vehicles by employees. Deputy City Manager Betty J. Meyer confirmed that the mileage allowance had been increased in September 2008 but did not require additional funding. The increase at that time was estimated to be $11, but departments were asked to manage those costs within the department. The Ordinance amendment, if approved, would result in a savings of approximately $2, Council Member Collins expressed concerns with decreasing the allowance, noting that fuel costs were showing increases at the pumps. He suggested that consideration of the item during the budget process would be a more appropriate time to consider of the change and suggested a motion to delay action of the item. Council Member Hayes asked for clarification from Council Member Collins whether his suggestion of a motion was for denial or to delay consideration of the Ordinance. Council Member Collins, on a motion seconded by Council Member Hayes, moved to delay consideration of the mileage expense allowance decrease until the upcoming budget process for FY 2009/2010. Council Member Ritter, on a substitute motion seconded by Council Member West, moved approval of the Ordinance Amendment, as presented. Council Member Ritter thanked City Manager Harrell for bringing the item back to Council quickly and inquired whether or not the September 2008 increase had been part of the budget process. City Manager Harrell stated it had not been a part of the budget process. Council Member Ritter stated that in her recollection, the increase was in response to State and Federal rate increases. City Manager Harrell confirmed that was correct. Ms. Ritter advised that she had read the policy and recommended that reimbursements for mileage be restricted to trips outside the City only or outside a certain radius of the workplace. She asked for a report showing reimbursements within and outside the City limits. Council Member Willis asked if another rate change could be requested should there be an extreme increase in fuel cost in the near future. City Manager Harrell stated that in most localities the City Manager had the ability to make administrative changes such as this. City Clerk Moore clarified the motion on the floor. There was no further discussion. On the substitute motion for approval of the Ordinance Amendment, as presented, voting yes: Council Members Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: Council Members Collins and Hayes (Vice Mayor de Triquet was excused) - 6 -

8 (2) #09-R-001 CONSIDERATION OF A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ADD AND DELETE STREETS TO THE URBAN HIGHWAY SYSTEM DEPARTMENT OF PUBLIC WORKS City Manager Harrell presented the item. Council Member Hayes, on a motion seconded by Council Member Ward, moved approval of the Resolution, as presented. There was no discussion. On the motion for approval of the Resolution, as presented, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet excused) (3) CITY MANAGER UPDATES City Manager Harrell noted that additional information regarding the updates was provided to each Council Member at the Dias. City Manager Harrell commented on Council s 2008 accomplishments and announced the upcoming Budget process which will offer challenges based on the predicted state budget cuts and softening of revenues. He informed Council that those issues would be discussed during the City Council Retreat planned for February City Manager Harrell advised that responses to questions posed at the Greenbrier Town Meeting held December 2, 2008 and all future Town Meetings would be posted on the City s web page as a result of suggestions from a citizen. Mr. Harrell advised that the responses would be grouped into topics and posted on the website that way. City Manager Harrell noted that Legislative Status Report #5 was included in the information he had provided to Council Members at the dais. City Attorney Item (1) #09-R-002 RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A LICENSE AGREEMENT WITH MATTEL, INC. TO USE THE CITY'S LOGO IN THE MANUFACTURE AND DISTRIBUTION OF SCALED DIE-CAST AND/OR PLASTIC TOY REPLICAS. City Attorney Hallman presented the item and noted there were two provisions in the draft to be corrected: paragraph 4 stated that 50 units of each vehicle would be given to the City, the correct amount was 100 units. The second provision correction was the removal of item 12, stating that the City would not indemnify Mattel in any way

9 Council Member Collins, on a motion seconded by Council Member West, moved approval of the Resolution, as presented, with the corrections noted by City Attorney Hallman. Council Member Ritter stated that she would abstain from voting on the item disclosing that a family member worked for a law firm that had dealings with Mattel. Council Member Willis questioned the decision to allow the production of the items. Police Chief Kelvin Wright and Fire Chief Steven Best came to the podium and expressed their support of the agreement. There was no further discussion. On the motion for approval of the Resolution, with the corrections noted by City Attorney Hallman, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet excused) CITIZENS COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS) City Clerk Moore identified the following speaker: Tommy Hart, 1900 Saint Brides Road, spoke on Public Safety. Mayor Krasnoff deferred to City Manager Harrell regarding Mr. Hart s comments. City Manager Harrell informed Council that Chief Wright was meeting with Mr. Tommy Hart and a report would be forthcoming concerning the issues raised by Mr. Hart. NOMINATIONS TO BOARDS AND COMMISSIONS (H) Chesapeake Redevelopment & Housing Authority 1 appointment Mayor Krasnoff stated that there was one vacancy. Council Member Hayes nominated Edwin Greene. Council Member Collins, on a motion seconded by Council Member West moved to close the nominations and appoint the nominee. There was no discussion. On the motion to close the nominations and appoint the nominee, voting yes: Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet excused) Edwin Greene was appointed to the Chesapeake Redevelopment & Housing Authority. COMMITTEE REPORTS Mayor Krasnoff called on Council Members for Committee Reports starting with Council Member Collins. Council Member Hayes thanked City Manager Harrell and the Information Technology staff for the extensive work they performed during the Christmas Holidays due to technology issues. Mr. Hayes, as liaison to South Norfolk - 8 -

10 Revitalization Committee, commended staff, as well as private contributors involved in the Gateway Site, for the recent transformation in that area. Council Member Ward, as liaison to the School Board, commented on the teacher recruitment program for the upcoming year. Dr. Ward suggested that City Council hold a work session with the School Board concerning finances before the budget process. OLD AND NEW BUSINESS Mayor Krasnoff called on Council Members for Old and New Business starting with Council Member Collins. Council Member Collins addressed City Manager Harrell, suggesting that if a Reduction in Force (RIF) Policy was implemented it include a furlough aspect. Mr. Collins suggested reducing the work week to prevent layoffs and offered reductions in his Council salary equal to the same number of employee hours, if necessary. Council Member Collins requested a report on whether or not building permits for replacing windows or roofs should be required in Historical Districts. He stated that the City s Recycling program be studied closely to determine how the expansion of the program would effect tipping fee costs. Council Member Collins spoke to the increasing graffiti found within the City and asked if there was a way to implement reporting of graffiti by employees traveling throughout the City during the work day. Mr. Collins requested that City Manager Harrell and City Clerk Moore investigate the ReEnergy Organization and suggested a future work session with the company. Council Member Parker announced that work on the Forehand/Wellon Bridge had been completed. Council Member Ritter thanked City Manager Harrell and Deputy City Managers Amar Dwarkanath and Betty J. Meyer for a report on the re-pavement of Freeman Avenue and requested it be a future agenda item and include adjacent streets for repaving; she also asked for a report on the Tax Increment Financing (TIF) program funds in South Norfolk. Ms. Ritter noted her recent visit to Teen Zone at the Clarence V. Cuffee Recreation Center and mentioned that all of the accoutrements were donated. She requested a list of all who made donations and asked for them to be recognized by Council. Council Member Ritter asked that Rezoning Acknowledgments be offered earlier to allow more time for Council s review. City Clerk Moore stated that she would work with the Planning Department to get the information sooner. Ms. Ritter encouraged Mayor Krasnoff and City Manager Harrell to schedule budget meetings and possibly include a group of citizens or businessmen who could review the budget and offer suggestions for cuts or maintaining services. Council Member Ritter thanked Council Member Collins for mentioning stipends and stated that she thought Council should lead by example in that area. She requested that City Clerk Moore provide a list of the items paid by taxpayers over and above - 9 -

11 Council s salaries such as telephone lines, postage, fax equipment, paper, computers and blackberries. Council Member Ritter communicated that she would like to see all stipends to Council, as well as Board and Commissions members, be suspended until financially feasible to be reinstated. Council Member Ward noted a drainage issue on Westgate Avenue in South Norfolk and asked City Manager Harrell to investigate the issue. Dr. Ward mentioned complaints from residents of Dock Landing Point, in the Western Branch borough of the City, concerning noise from the interstate and inquired if the City should provide sound barriers. Council Member Ward spoke about a signage violation for Mount Lebanon Church on Bells Mills Road and inquired if enforcement was consistent throughout the City. Council Member Willis, as liaison to the Parks and Recreation Department, suggested that a business might be willing to sponsor cable TV service to the Teen Zone at the Clarence V. Cuffee Recreation Center. CLOSED SESSION City Attorney Hallman provided the following language for the Closed Session to be held on January 20, 2009 at 4:00 p.m. I move that the City Council conduct a Closed Session on January 20, 2009 at 4:00 p.m. in the Council Chambers, to consult with legal counsel regarding specific matters requiring the provision of legal advice, pursuant to Virginia Code Section A.7. Council Member Parker, on a motion seconded by Council Member Collins, moved approval of a Closed Session discussion to be held on January 20, 2009 at 4:00 p.m. Council Member Ritter asked City Attorney Hallman if the Closed Session discussion was concerning an agenda item that might be on the January 20, 2009 City Council Meeting agenda; he replied that it was not an agenda item. There was no further discussion. On the motion for approval of a Closed Session discussion to be held on January 20, 2009 at 4:00 p.m. voting yes; Council Members Collins, Hayes, Krasnoff, Parker, Ritter, Ward, West and Willis. Voting no: None (Vice Mayor de Triquet was excused) BENEDICTION Council Member Collins offered the benediction

12 ADJOURNMENT With there being no further business to discuss, Mayor Krasnoff adjourned the meeting at 8:22 p.m. /smu Attest: Mayor City Clerk

13 City Council Closed Session January 13, 2009 A Closed Session of the Chesapeake City Council was held January 13, 2009, at 4:00 p.m., in the Executive Conference Room, 1 st Floor, City Hall Building, 306 Cedar Road. Present: Council Member Bryan L. Collins Council Member C. E. Cliff Hayes, Jr. Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Dwight M. Parker (4:07 p.m.) Council Member Ella Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Absent: Vice Mayor John de Triquet Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty Meyer, Deputy City Attorney Jan Proctor and Assistant to the City Manager Mary Ann Saunders. The Closed Session adjourned at 5:32 p.m. (Certification occurred during the Regular City Council meeting at 6:30 p.m., January 13, 2009.) /smu - 1 -